A 11-judge bench of the International Court of Justice on Thursday stayed the execution of Indian national Kulbhushan Jadhav by Pakistani military court until further notice, while observing that prima facie the Vienna Convention will apply in the Kulbhushan Jadhav case. “The decision to stay Jadhav’s execution pending ICS hearing is unanimous,” said ICJ President Ronny Abraham. The bench also observed that the 150-day period for clemency given by Pakistan, which ends in August suggests execution can happen immediately thereafter. The court further said, “It considers that the mere fact that Mr. Jadhav is under a death sentence and might therefore be executed is sufficient to demonstrate the existence of a risk of irreparable prejudice to the rights claimed by India.” The court today pronounced its verdict on India’s plea seeking provisional measures restraining the execution of Jadhav by Pakistan. India had, last Monday, moved the court seeking immediate measures by the top court, in effect a stay, against the death sentence.

Through the court, India had sought the following reliefs:

1. Relief by way of immediate suspension of the sentence of death awarded to the accused

2. Relief by way of restitution in interregnum by declaring that the sentence of the military court arrived at, in brazen defiance of the Vienna Convention rights under Article 36, particularly Article 36[,] paragraph 1 (b), and in defiance of elementary human rights of an accused which are also to be given effect as mandated under Article 14 of the 1966 International Covenant on Civil and Political Rights, is violative of international law and the provisions of the Vienna Convention

3. Restraining Pakistan from giving effect to the sentence awarded by the military court, and directing it to take steps to annul the decision of the military court as may be available to it under the law in Pakistan

4. If Pakistan is unable to annul the decision, then this Court to declare the decision illegal being violative of international law and treaty rights and restrain Pakistan from acting in violation of the Vienna Convention and international law by giving effect to the sentence or the conviction in any manner, and directing it to release the convicted Indian National forthwith.”

Representing India, senior counsel Harish Salve called for the annulment of the military court’s decision. Making a strong opening statement in the case, Salve argued that Jadhav was denied consular access by the Paksitan authorites despite India’s repeated requests. Salve said that Jadhav was denied a fair trial as he was not propoerly represented in the court. “The graver the charge the greater the need for punctilious clearance,” said Salve.

Saying that there was no credible evidence against Jadhav, Salve said that Pakistan primarily relied on his purported confession to convict him in the case. The court was adjourned after India concluded its oral obervations. Pakistan will aruge its case later today evening.

Read & Download The Written Submission by India for Kulbushan Jadhav Case

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